H. B. 2140
(By Delegate Frederick)
[Introduced February 14, 2001; referred to the
Committee on Agriculture and Natural Resources then the
Judiciary.]
A BILL to amend article three-b, chapter sixty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
five, relating to trespass; trespass on track of a railroad;
persons authorized to be on track of a railroad;
definitions; and penalties.
Be it enacted by the Legislature of West Virginia:
That article three-b, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section five,
to read as follows:
ARTICLE 3B. TRESPASS.
§61-3B-5. Trespass on track of a railroad.
(a) For the purposes of this section:
(1) "Consent" means an affirmative act of permission by a
railroad carrier to a certain person that the person may pass
over the tracks of a railroad. Consent cannot be implied by the
failure of the railroad carrier to post signs, give verbal
notice, or give any other form of notice that a person is not
permitted to pass over the tracks of a railroad;
(2) "Passengers" mean persons who are traveling by train
with lawful authority and who do not participate in the train's
operation. The term "passenger" does not include stowaways;
(3) "Railroad" means any form of nonhighway ground
transportation that runs on rails or electromagnetic guideways
for which a certificate of incorporation has been filed with the
secretary of state;
(4) "Railroad carrier" means a person providing railroad
transportation; and
(5) "Track" means the rails, ties and ballast used for
railroad service which has not been abandoned.
(b) Any person who knowingly goes upon the track of a
railroad, without lawful authority or the railroad carrier's
consent, except for the purpose of crossing the track of a railroad at a public highway or other authorized crossing is
guilty of a misdemeanor and, upon conviction, shall be fined not
less than one hundred dollars nor more than five hundred dollars:
Provided, That the provisions of this article do not apply in a
labor dispute.
(c) Subsection (b) does not apply to the following persons:
(1) Passengers on trains, or employees of a railroad
carrier;
(2) Police officers, firefighters, peace officers and
emergency response personnel, while engaged in the performance of
their official duties;
(3) A person going upon railroad property in an emergency to
rescue a person or animal such as livestock, pets or wildlife
from harm's way, or to remove an object that the person
reasonably believes to pose an imminent threat to life or limb;
(4) A person on the station grounds or in the depot of the
railroad carrier as a passenger, or for the purpose of
transacting lawful business;
(5) A person, or the person's family or invitee, or the
person's employee or independent contractor going upon the track
of a railroad for the purpose of crossing at a private crossing site approved by the railroad carrier to obtain access to land
that the person owns, leases or operates;
(6) A person having written permission from the railroad
carrier to go upon the track in question;
(7) Representatives, agents or consultants of the public
service commission or division of highways while engaged in the
performance of their official duties;
(8) Representatives of the federal railroad administration
while engaged in the performance of their official duties;
(9) Representatives of the national transportation safety
board while engaged in the performance of their official duties;
(10) Collective bargaining representatives of a railroad
employee, employees of a railroad labor organization, and
representatives of a fraternal benefit society for a railroad
labor organization; or
(11) Any person engaged in an otherwise lawful activity who
makes a necessary and incidental pass over the track of a
railroad by means other than motorized vehicle or device in the
course of conducting that activity: Provided, That this
exemption shall not apply to areas of track posted as hazardous
by the railroad after reasonable investigation.
NOTE: The purpose of this bill is to define the offense of
trespassing on a railroad track and to make such trespassing a
misdemeanor.
This section is new; therefore, strike-throughs and
underscoring have been omitted.